No one wants to be charged with domestic battery but there are some situations that are worse than others. At Law Office of Michael L. Fell we work to ensure that our clients who have been accused of domestic battery get fair treatment under the law. While the majority of domestic battery cases are tried as misdemeanors, they can technically be charged as felonies.
Keep reading to find out what the prosecution must prove to convict you, what your defense options are, and in which situations you are more likely to be charged with a felony. Then contact Law Office of Michael L. Fell at (949) 585-9055 to speak to a criminal defense attorney who can help.
What is Domestic Battery?
According to California law, domestic battery occurs when a spouse (or a person with one of several specific relationships to the alleged victim) commits battery against their spouse. To better understand, know that battery refers to willfully and unlawfully using force or violence against a person. Technically, it could be as simple as lightly pushing someone.
The special relationships that can lead to charges of domestic battery including battery against a current or former spouse, a roommate or other cohabitant, a current or ex-boyfriend or girlfriend, a family member, a finance or fiancée, or a child.
The Prosecution Must Prove Two Things
In order for the prosecution to have proven their case, they must show that you willfully touched the person in question. They must also prove that the way you touched them was harmful, violent, or otherwise offensive. Note that you do not have to have had touched the person yourself. For example, if you touched their clothing, or touched them with an object then it could still be considered battery. In fact, even spitting on another person can be considered battery.
Domestic Battery is Generally Charged as a Misdemeanor
In most cases, domestic battery is charged as a misdemeanor. However, this does not mean that it is not a serious charge. A person convicted of misdemeanor battery could face as long as six months in jail and fines of as much as $2,000. It is also likely that as soon as the police get to the scene, they will issue am emergency protective order to prevent you from going near the alleged victim.
If you were charged with a felony then you could be facing much more significant consequences, including fines of up to $5,000 that must be paid to either a battered women’s shelter or as restitution to the victim.
If you are accused of domestic battery then you should immediately contact a criminal defense attorney. Do not make the mistake of assuming that you are “only” being charged with a misdemeanor and therefore do not need legal assistance. This is not a charge you wan on our criminal record. Contact Law Office of Michael L. Fell at (949) 585-9055 now for your free legal consultation.